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A BILL TO BE ENTITLED
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AN ACT
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relating to enforcement of the rights of a living child born after |
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an abortion; creating a civil cause of action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 151.002, Family Code, is |
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amended to read as follows: |
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Sec. 151.002. RIGHTS OF A LIVING CHILD AFTER AN ABORTION OR |
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PREMATURE BIRTH; CIVIL ACTION. |
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SECTION 2. Section 151.002, Family Code, is amended by |
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adding Subsections (c), (d), (e), (f), (g), and (h) to read as |
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follows: |
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(c) For purposes of this section, a physician-patient |
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relationship is established between a child born alive after an |
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abortion and the physician who performed or attempted the abortion. |
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A physician who performed or attempted the abortion must exercise |
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the same degree of professional skill, care, and diligence to |
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preserve the life and health of the child as a reasonably diligent |
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and conscientious physician would render to any other child born |
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alive at the same gestational age. |
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(d) A child born alive after an abortion, as defined by |
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Section 245.002, Health and Safety Code, or the child's parent or |
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legal guardian, may bring a civil action against a physician who |
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performed or attempted the abortion if the physician violates |
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Subsection (c) by failing to provide the appropriate medical |
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treatment to the child. The child, or the child's parent or legal |
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guardian, may recover the following in the civil action: |
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(1) compensatory damages; |
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(2) exemplary damages in an amount equal to three |
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times the cost of the abortion; |
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(3) punitive damages; and |
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(4) reasonable attorney's fees. |
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(e) A woman on whom an abortion, as defined by Section |
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245.002, Health and Safety Code, is performed may not be held liable |
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under this section. |
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(f) A physician who violates Subsection (c) by failing to |
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provide the appropriate medical treatment to a child born alive |
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after an abortion is liable to the state for a civil penalty of not |
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less than $100,000. The attorney general may bring a suit to collect |
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the penalty. In addition to the civil penalty, the attorney general |
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may recover reasonable attorney's fees. The civil penalty described |
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in this subsection is in addition to any other recovery authorized |
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under Subsection (d) or other law. |
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(g) If a physician prevails in an action under Subsection |
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(f), the physician may recover reasonable attorney's fees incurred |
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in defending the action. |
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(h) A person who has knowledge of a failure to comply with |
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this section may report the failure to comply with the attorney |
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general. The identity and any personally identifiable information |
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of the person reporting the failure to comply with this section is |
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confidential under Chapter 552, Government Code. |
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SECTION 3. Section 151.002, Family Code, as amended by this |
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Act, applies only to a child born alive on or after the effective |
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date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |